Bail for student who wasn't cut out for holy war

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A Sydney medical student charged under anti-terrorism laws has been freed on bail after a judge found there was no evidence he was a danger to anyone in Australia.

The order, by Supreme Court Justice Peter Hidden yesterday, brought a smile to the face of Izhar ul-Haque, a 21-year-old University of NSW student who has been in custody for 42 days. He walked free on $200,000 bail just before 4pm after hours of legal argument by his counsel, Ian Barker, QC.

Before announcing his decision, Justice Hidden expressed concern that ul-Haque had been held in isolation at the Supermax prison in Goulburn since the day after his arrest on April 15. There was nothing in the evidence to explain why, the judge said, before ordering the prisoner's release.

It was "important to note that in no part of the Crown case [is there evidence] that this young man poses any threat to anyone in this country," Justice Hidden told the court.

The ruling also brought smiles to Ul-Haque's three brothers and band of fellow students, former teachers and members of Sydney's Islamic community who were in the court. They had earlier rallied outside the court complex, protesting against his incarceration, during which he has shed eight kilograms.

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Ul-Haque's parents returned to Sydney from Pakistan for the hearing, his mother joining many people forced to sit on the floor of the packed tiny underground special bails court for an hour before someone found her a chair.

His parents, a doctor friend and one of his brothers were prepared to put up $865,000 in cash, including the family's home at Glenwood as surety.

According to evidence presented to the hearing, Ul-Haque had made frank admissions to the federal and state police Joint Counter Terrorist Team in three interviews. The court was told he had admitted to having undergone 21 days of training with the Pakistan-based terrorist group Lashkar-e-Taiba in January last year.

Lashkar-e-Taiba was not outlawed as a terrorist organisation in Australia until late last year.

Ul-Haque returned to Sydney the following month to resume his medical studies after realising he was not cut out for jihad, the court heard. Police conceded he pulled out after learning that the process of going to fight the Indian army in Kashmir was difficult and because he was "physically incapable". His father had also intervened, asking his son to leave the training camp.

Ul-Haque agreed to report three times a week to Blacktown police, surrender his passport and not approach any points of departure or have contact with the person alleged to have recruited him to the now outlawed terror group.